BILL ANALYSIS
SB 842
Page 1
SENATE THIRD READING
SB 842 (Machado)
As Amended June 15, 2005
Majority vote
SENATE VOTE :30-9
PUBLIC SAFETY 6-0 APPROPRIATIONS 13-5
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|Ayes:|Leno, La Suer, Dymally, |Ayes:|Chu, Bass, Berg, |
| |Goldberg, Levine, Spitzer | |Calderon, |
| | | |De La Torre, Karnette, |
| | | |Klehs, Leno, Nation, |
| | | |Oropeza, Ridley-Thomas, |
| | | |Saldana, Yee |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Sharon Runner, Emmerson, |
| | | |Haynes, Nakanishi, |
| | | |Walters |
| | | | |
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SUMMARY : Requires the Attorney General (AG) to conduct a study
of batterer's treatment programs and report its findings to the
Legislature by June 30, 2008. Specifically, this bill :
1)Provides that the AG shall conduct a study of attendance,
enrollment and re-offense rate among individuals assigned to
batterer's treatment programs.
2)States that the study shall review data collected from five
counties, including one rural, one urban, one northern
California county, and one southern California county and
compare policies regarding attendance, enrollment, periodic
reporting to probation or courts, and responses to batterer's
treatment program non-completion.
3)States that the study shall also review data from five
counties without batterer's treatment programs and compare
policies, responses, and data from those counties with five
counties with batterer's treatment programs.
4)Requires that AG shall report to the Legislature by June 30,
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2008, on the results of the study.
5)Provides that the provisions of this act shall be implemented
only if and when adequate funding for that purpose has been
made available to the Department of Justice (DOJ).
EXISTING LAW :
1)Provides that any defendant convicted of a crime against a
spouse, cohabitant or former cohabitant, the partner in a
dating relationship or engagement, his or her child, or the
other parent of his or her child must successfully complete a
"batterers' program" or
equivalent counseling program of at least one year as a
condition of any grant of probation.
2)Provides that the court or probation department shall refer
defendants only to batterer's programs that follow specified
standards, which may include, but are not limited to,
lectures, classes, group discussions and counseling.
3)Requires the county probation department to design and
implement an approval and renewal process for batterer's
programs and shall solicit input from criminal justice
agencies and domestic violence victims' advocacy programs.
4)Requires that batterer's program staff, to the extent
possible, have specific knowledge regarding, but not limited
to, spousal abuse, child abuse, substance abuse, and the
dynamics of violence and abuse, the law, and procedures of the
legal system.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, the AG's office indicates the cost of the
study would be about $250,000 per year for two years (General
Fund), including two positions.
This bill specifies that this measure shall be implemented only
when adequate funding for that purpose has been made available
to DOJ.
COMMENTS : According to the author, "This bill requires the AG
to conduct a study of enrollment, attendance, and re-offense
rates among persons referred to batterer's treatment programs,
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and to report to the legislature on the results of this study.
"There is conflicting research on the value of requiring
attendance at batterer's treatment programs. Some studies
suggest that intervention in batterer's intervention programs
can reduce incidents of violence and controlling behavior.
Other studies have demonstrated no change in recidivism rates
between control and experimental groups.
"Unfortunately, even if these programs are successful in
affecting re-offense rates, not all offenders complete the
entire program as required by law. According to testimony
submitted by the California Alliance Against Domestic Violence
to the AG's Task Force on Local Criminal Justice Response to
Domestic Violence, batterer's intervention programs are not
available in all counties (despite the statutory requirement
that an offender attend a batterer's intervention program) and
not all judges order batterers to the full 52 weeks of
treatment.
"This bill provides the state data on the individuals being
assigned to, and presumably enrolling and completing, these
intervention programs. This data will provide policymakers with
a better understanding of where the existing system falls short.
This bill will also provide a foundation for improving
compliance with existing law, as well as future efforts to
identify successful program models and develop more
comprehensive approaches to fighting the problem of domestic
abuse."
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0015899